Who Pays for Probate in Florida?
And Do You Pay Up Front?

Families ask this question two ways. The first is the legal question: whose money is this coming out of? The second is the practical one: I have a bill in front of me and the bank will not release a dime, so who is writing the check today? Both deserve a straight answer.

The Estate Pays, by Law

In a formal administration, the costs of administration and the fees of the personal representative and the attorney are paid first, before any creditor and before any beneficiary (Fla. Stat. § 733.707). In a summary administration there is no personal representative, but the same principle holds: the court’s order can provide for payment of the expenses of the proceeding from the assets before they are distributed. Either way the money comes off the top of the estate, not out of the heirs’ own pockets in the end.

Why Someone Still Pays Up Front

The estate is not a person. It cannot sign an engagement letter or pay a filing fee, and until the court signs an order or issues letters, no bank will release the decedent’s funds. So the usual sequence is:

1. A family member, usually the person petitioning, pays the clerk’s filing fee and the attorney’s fee.
2. The petition and proposed order list that advance as an expense of administration.
3. When the order is entered and the assets are released, the person who advanced the money is reimbursed before the remaining assets are divided.

Where several heirs are sharing an estate, they sometimes split the advance, or one pays and the others agree in writing that the reimbursement comes off the top. What matters is that the reimbursement is written into the proposed order so that it is not a favor anyone has to ask for later.

What the Numbers Are

• Court costs. The clerk’s filing fee for a summary administration is $340 for an estate of $1,000 or more, or $230 under $1,000, plus a $4 service charge (Fla. Stat. § 28.2401). Formal administration is $395 plus the charge. Certified copies, recording fees for real property, and any required publication are extra. Truestead bills all of these at cost.
• Attorney fees, formal administration. Florida’s statute treats roughly 3% of the first $1 million as a presumptively reasonable fee (Fla. Stat. § 733.6171). On a $300,000 estate that is $9,000, plus the personal representative’s own commission if they take one.
• Attorney fees, summary administration. Flat fees across Florida commonly run $1,500 to $3,500, with some firms at $4,500. Truestead’s published price is $1,495, or $2,495 when the estate includes real property and a homestead determination. See the full cost breakdown.

What Heirs Are Not on the Hook For

Heirs do not inherit debt. The decedent’s creditors are paid from the estate, and if the estate is insolvent the unpaid balance dies with it. The one exception worth knowing in summary administration: because there is no formal creditor process, a person who receives property under the order can be liable to a creditor whose claim was not barred, but only up to the value of what they received, and only within the two-year window under Fla. Stat. § 735.206. Once the death is more than two years old, that exposure is gone entirely.

How the Flat Fee Is Paid at Truestead

The fee is paid when the engagement begins, by the petitioner or whichever family member is handling things, and the proposed Order of Summary Administration directs the reimbursement from the estate before distribution. Court costs are passed through at the clerk’s exact figures. If the estate turns out not to qualify, the fee is refunded less the qualification review, which is written into the engagement letter.

Related Reading

• What Summary Administration Costs: every fee itemized.
• Florida Probate Cost and How to Avoid It: the formal-administration numbers.
• Disposition Without Administration: when there is no probate at all.
• Summary Administration by County: where it is filed and what each circuit requires.

This article is for general informational purposes and does not constitute legal advice. Eligibility and procedure depend on the specific assets, creditors, and family circumstances. Consult a licensed Florida attorney regarding your situation. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.